MICP Case Studies

SECTION SEVEN MICP CASE STUDIES

REAL OFFICIALS. REAL PROBLEMS. REAL ANSWERS.

The following are actual incidents handled by NASO through the MICP program. NASO members received supporting documents, advice and initial consultations as part of their membership.

Taxing Issue

I am preparing my income taxes myself and want to know what officiating-related expenses are deductible.

MICP ACTION: NASO directed the member to the NASO app to the free Tax Guide.

RESOLUTION: The member found the officiating-specific answers on the NASO app, saving time and money.

Association Money

Our local association officers are not revealing the association’s financial statements. What should the membership do?

MICP ACTION: NASO staff contacted the member, providing solid advice based on the Legal Library.

Summary of Response: At issue is governance and expectations. The group should have bylaws. Check to see if there is an annual reporting requirement. Associations should also have annual independent audits. All dues paying members have a right to know how their money is being used. If the officers are not being forthright with information, there should be mechanisms in place to have them removed (voting, etc.).

RESOLUTION: The member reviewed the bylaws, contacted the board in a professional manner asking them to comply with the bylaws and all members received the financial statement.

Official Owed Money

I am owed about $800 from our local officials association. I don’t know if the money is missing or why I can’t get my check. I’ve contacted the board president and have not heard back yet. What should I do?

MICP ACTION: The member was referred to articles in our Legal Library.

Summary of Response: The Legal Library articles explained a signed contract is important in this matter. It may contain remedies for such a situation. Contact the association president in writing via certified mail. Since the amount of money is relatively small, small claims court may be an option to consider, though you could tie up some court costs that don’t make that option attractive. If the games are governed by a higher authority (like a state or national association), inform it of the situation. Finally, contact other officials working for the group. If there are others with similar problems, you might be able to force a settlement. The legal option is always there; you just have to decide if it’s enough money to go that route. The obvious additional solution is to not work for that group again.

RESOLUTION: The member has contacted the association leader to no avail. The member used the MICP Consultation Program and is considering legal alternatives.

League Allows Jewelry

I officiate in a league that is about to approve a rule that allows players to wear jewelry. Will I be released from any legal action if a player was hurt because of the jewelry?

MICP ACTION: NASO contacted the member to share information from its Legal Library and sent two related articles. NASO also consulted with its professional team and insurance carrier for specific answers.

Summary of Response: Anytime a safety rule is set aside, there is reason to be concerned. It is important that the league put the new rule in writing. Once that exists, much of the burden is likely on the league. As an NASO member, you are covered by NASO insurance if you officiate in that league since the league changed the rule.

If you are in a position to influence the league’s decision regarding player safety, you should do so in writing. It is helpful if you go on record in writing and share your concerns about the new rule with league authorities. One of your primary responsibilities is safety. You do have NASO insurance to protect you.

RESOLUTION: The league has postponed the jewelry modification rule until further review. The member has decided that if the rule goes into effect, the member will not officiate in that league due to the liability concerns despite the NASO insurance protection.

Was I Assaulted?

I was involved in an incident at a youth basketball tournament in which a fan approached me, yelled at me and threw a beverage on me. I filed a police report and

have written a game report. I need to know if the actions are considered an assault. If I want to pursue charges, what should I do?

MICP ACTION: NASO puts the member in touch with ASI for a free initial consultation. ASI may also put the member in touch with a local attorney in the member’s state, since the member is considering legal action on his own. Since this is an assault situation, the NASO insurance program will help with non-contingent legal fees.

Summary of Response: Filing a police report and immediately writing down details in the game report were the right thing to do. By the description given, this could be classified as an assault. Until you meet with the local attorney, do not talk to anyone from the league about the incident.

RESOLUTION: The local district attorney is reviewing the charges.

Player Breaks Leg; Referee Deposed

I have been asked, along with the other members of my college football crew, to give a deposition regarding a player injury that occurred in a game we officiated. The player is suing the school district for the injury, but the suit does not name the officials — yet. We did file an incident report at the time of the incident, over two years ago. What should I do?

MICP ACTION: NASO put the member in touch with ASI for a free initial consultation. Since the NASO member was not named in the suit, NASO’s liability insurance is not a factor. If the official is named, NASO’s $6 million per claim policy would engage and protect the member.

Summary of Response: Do not voluntarily communicate with the player’s attorney. Wait for them to subpoena you. The situation requires the assistance of counsel.

The official was then subpoenaed to testify. ASI’s legal counsel consulted with the member about what questions to answer and how to answer them.

RESOLUTION: The NASO member handled the deposition and the officials have not been named in the suit.

NASO MEMBERS HAVE ASSAULT PROTECTION

NASO’s “Assault Protection Insurance” also helps with these types of matters. Members may qualify for up to $4,500 reimbursement of attorney fees incurred by a member in bringing a claim against the perpetrator. The attorney fees are reimbursed on a 60/40 percent co-pay with the member paying 40 percent. If the NASO member was hurt, up to $10,000 of assault accident-medical coverage may be provided. Plus, if an assaulted member misses any officiating assignments, NASO insurance may pay up to $1,000 in lost game fees.